Terms of Use
Last Updated: 25th April, 2025
Thank you for choosing SALS3.com, (SALS3) the global online shopping destination brought to you by ANYTHING SUPPLIES PTY LTD! These Terms of Use (“Terms”) govern your use of our platform, including all services, applications, products, tools, and features available through our website and mobile apps (collectively referred to as the “Services”).
These Terms represent a legally binding agreement between you, and ANYTHING SUPPLIES PTY LTD (“we,” “us,” or “our”). By accessing, browsing, registering for an account, or using any of our Services, you agree that:
- You have read, understood, and accepted these Terms in full;
- You are of legal age in your country or region and have the legal capacity to enter into a binding contract;
- You are either acting in your own personal capacity or are authorized to bind a business or entity to these Terms if registering or acting on their behalf;
- You agree to comply with all applicable laws and regulations related to your use of the Services.
If you do not agree to all the terms outlined here, you must not access or use SALS3.com or any of its related Services.
1. Overview
1.1 Company Details
These Terms are between you and ANYTHING SUPPLIES PTY LTD, an Australian private company with the following details:
- Company Name: ANYTHING SUPPLIES PTY LTD
- Trading Name: SALS3.COM
- ABN: 87 685 740 514
- ACN: 685 740 514
- Registered Business Address: Level 1, 1212A, 31B Lasso Road, Gregory Hills, NSW 2557, Australia
1.2 Definitions
“SALS3.com” or “our platform” refers to our website, mobile applications, and any related digital interfaces that provide shopping, customer interaction, and product browsing experiences.
“User”, “you”, or “your” refers to individuals accessing or using the Services, including consumers, guests, or representatives of companies or organizations.
“We”, “us”, or “our” refers to ANYTHING SUPPLIES PTY LTD, including its directors, officers, affiliates, employees, contractors, and service providers.
1.3 Support and Order Handling
Our platform offers global product availability through dropshipping partnerships (e.g., CJ Dropshipping, Spocket). Multiple items may be purchased in a single transaction, and depending on warehouse proximity, they may arrive in separate or combined deliveries. All payments are processed securely through trusted global payment gateways.
1.4 Additional Policies
These Terms are supplemented by additional documents, including but not limited to our:
- Privacy Policy
- Returns & Refund Policy
- Cookie Policy
- Supplier Code of Conduct
Together, these are referred to as the “Policies.” In the event of a conflict between these Terms and any of our Policies, the Policies will govern with respect to the relevant subject matter.
1.5 Binding Arbitration & Dispute Resolution (see Section 19)
Please note that Section 19 of these Terms includes provisions for resolving disputes through binding arbitration where permitted by applicable laws. Depending on your country of residence, specific terms may vary or additional rights may apply.
1.6 Modifications to the Terms
We may update these Terms from time to time at our sole discretion. When changes are made, we will revise the “Last Updated” date and publish the updated version on SALS3.com. If a revision materially affects your rights, we will notify you through appropriate channels. Continued use of our Services after such updates constitutes your acceptance of the new Terms. PLEASE REGULARLY CHECK THE WEBSITE OR APPLICATION TO VIEW THE THEN-CURRENT TERMS.
2. User Requirements and Registration
2.1 Eligibility to Use the Services
To access and use SALS3.com and its related Services, you must be at least eighteen (18) years of age, or the age of legal majority in your country of residence, and fully capable of entering into a legally binding agreement.
Minors aged 13 to 17 may only use our Services under the supervision of a parent or legal guardian who holds an active SALS3 account and has granted explicit permission. Children under 13 years of age are strictly prohibited from using our Services in any form.
While SALS3.com may feature and sell products intended for children, such products are offered exclusively for purchase and use by adults. Additionally, some items may be restricted to mature audiences or carry age-specific warnings. By purchasing or interacting with these products, you confirm that you meet the legal age requirements to do so. We do not take responsibility for content or product listings you may find offensive, indecent, or objectionable, especially those provided by third-party sellers.
2.2 Restrictions on Use
You may not use SALS3.com or its Services if:
- You are legally prohibited from entering into binding contracts;
- You are located in a country that is under international sanctions or embargoes, including any restrictions imposed by your own country;
- You appear on government-maintained lists of restricted or prohibited individuals or organizations, such as the U.S. Treasury Department’s Specially Designated Nationals List or similar;
- You have been banned or suspended from using SALS3.com, based on a violation of our Terms, Policies, or local laws.
2.3 Account Registration and Responsibilities
Some features of SALS3.com require you to create an account. By registering, you agree to provide truthful, accurate, current, and complete information, including your contact details. You are also responsible for keeping your account information up to date.
You are fully accountable for any activity that takes place under your account. If minors use your account, you are solely responsible for their actions. You agree to monitor access and take reasonable precautions to prevent unauthorized use.
You must not:
- Use a username or identity you are not legally entitled to use;
- Use another person’s name or likeness with the intent to mislead or impersonate;
- Transfer or assign your account to another individual or entity without prior written approval from us.
You are responsible for maintaining the confidentiality of your account login details and password. If you suspect unauthorized access, you must notify us immediately and take steps to secure your account. Always log out of your account at the end of each session, especially when using shared or public devices.
2.4 Social Media Integration and Linked Accounts
You may also register and access SALS3.com by linking a social media account (such as Google, Facebook, or Apple ID)—referred to here as a Social Networking Service (SNS) Account.
If you choose to link an SNS Account:
- You authorize us to access information stored in that account, consistent with the SNS provider’s terms and privacy settings;
- You affirm that you have the legal right to allow this integration without breaching any agreements you’ve made with the SNS provider;
- Any content retrieved from your SNS Account will be treated as User Submissions in accordance with our Terms.
Content shared from SNS platforms (“SNS Content”) may appear in your SALS3 profile or dashboard, subject to your privacy settings on those platforms. If your SNS account becomes unavailable or access is revoked, any associated content may no longer appear in your SALS3 account.
You can disconnect your SNS Account at any time by visiting the “Account Settings” section on our website or app.
Important Note: Your relationship with any third-party SNS provider is governed solely by the terms you agreed upon with them. SALS3 and ANYTHING SUPPLIES PTY LTD are not responsible for any personal information shared in violation of your privacy settings, and we do not review, verify, or assume liability for the accuracy or legality of any SNS Content.
3. Rules and Restrictions
3.1 You agree to use the Services solely for your personal use and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, our Policies, and all applicable laws and regulations. If your use of the Services is prohibited by any applicable laws, you are not authorised to use the Services. We are not responsible for your unlawful use of the Services.
3.2 You are responsible for all activity associated with your Account. Therefore, you must protect the security of your Account and password and not share them with any third party. You must notify us immediately of any unauthorised use or security breach of your Account.
3.3 You may not create multiple Accounts or engage in any activity that undermines the fairness of the Services.
3.4 Any sweepstakes, contests, raffles, surveys, games, or similar promotions ("Promotions") made available through the Services, to the extent permitted by applicable laws, may be governed by separate rules. In the event of a conflict between these Terms and the rules for a Promotion, the Promotion rules will govern.
3.5 When using the Services, you agree not to take any action or make available any User Submissions that may:
(1) Infringe or violate another person’s rights, including intellectual property rights;
(2) Violate any of these Terms, our Policies, or applicable laws and regulations;
(3) Engage in any unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libellous, pornographic, obscene, profane, or otherwise objectionable or discriminatory conduct;
(4) Circumvent or attempt to circumvent any of these Terms, our Policies, or other rules relating to the Services, including any Promotions;
(5) Constitute unauthorised or unsolicited advertising, junk mail, or bulk email (spam);
(6) Collect personal data from other users or use any such information collected from the Services in an unlawful manner;
(7) Engage in any conduct that could cause a security breach of your Account or the Services;
(8) Obtain another user’s password, account, or other security information;
(9) Use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity;
(10) Violate or interfere with the proper functioning or security of any computer network;
(11) Use an auto-responder or “spam” on the Services, or engage in any process that interferes with the proper functioning of the Services (e.g., overloading, “flooding,” “mail bombing,” or crashing the Services);
(12) Potentially harm the Services, including but not limited to the violation of security features of the Services, use of manual or automated software to access, "crawl," "scrape," or "spider" any page or data on the Services, or introducing harmful code (viruses, worms, etc.);
(13) Copy or store any significant portion of the content on the Services without our written consent;
(14) Decompile, reverse-engineer, or otherwise attempt to extract the source code or underlying information of or relating to the Services;
(15) Buy any products which you are not legally allowed to purchase or use;
(16) Abuse any promotions, discounts, or benefits offered by us, or manipulate the price of any listed products or interfere with listings;
(17) Attempt to do anything prohibited in this list or permit, encourage, assist, or allow any third party to do anything prohibited.
In addition to any other remedies available to us, violations of the above may result in:
(1) Removal or refusal to post any User Submission, with or without cause;
(2) Cancellation of your purchases and refund of your relevant payment;
(3) Cancellation of any Rewards or benefits associated with your account;
(4) Suspension or termination of your access or use of the Services.
If we become aware of potential violations of these Terms, we reserve the right to investigate. If we believe criminal activity has occurred as a result of the investigation, we may refer the matter to the appropriate legal authorities. We are entitled to disclose any information or materials on or in the Services, including User Submissions, as necessary, to comply with applicable laws, enforce the Terms and Policies, respond to claims of third-party violations, or protect the rights, safety, and security of our users, us, or the public.
4. Privacy
4.1 Privacy Policy: Our Privacy Policy explains how we collect, use, and disclose your personal information when you access, visit, or use the Services. By using the Services, you acknowledge and agree that we may collect, access, use, preserve, and disclose your personal information (including your Account and user information) as outlined in our Privacy Policy and our Cookie and Similar Technologies Policy. The Privacy Policy is an integral part of these Terms, and by agreeing to these Terms, you agree to be bound by the Privacy Policy and Cookie and Similar Technologies Policy.
5. Communications
5.1 Electronic Communications: By using the Services, you consent to receive communications from us electronically, including emails, texts, mobile push notices, and notices/messages on or through the Services ("Push Messages"). Where required by law, we will obtain your opt-in consent to send such Push Messages. You acknowledge that your wireless service provider may charge you for data, text messaging, or other wireless access fees in connection with Push Messages. You are solely responsible for any costs or expenses incurred to download, install, or use the Services, including the receipt of Push Messages. All communications and documents we provide to you electronically will have the same legal effect as if they were in writing.
5.2 Communication Methods: You agree that we may communicate with you at any email address or phone number you provide, including for:
(i) notifying you about your Account; (ii) troubleshooting problems; (iii) resolving disputes; (iv) collecting a debt; (v) polling your opinions through surveys; (vi) updating you about orders, payments, or deliveries; (vii) sending authentication texts; or (viii) other necessary communications related to your Account, these Terms, policies, laws, or agreements. Standard text messaging charges from your phone carrier may apply.
5.3 Marketing Communications: If you want to receive marketing materials via mobile texts and alerts, you may opt in. By signing up, you acknowledge that we may send you promotional messages, one-time passcodes, order notifications, and other messages at the mobile number you provide. Opting in for one program does not automatically enrol you in others. Message frequency and delivery delays may vary, and carriers are not responsible for undelivered messages. Data rates may apply. You are not required to consent to receive marketing texts as a condition of using the Services. If you want to opt out, follow the instructions in the message.
5.4 Opt-Out of Marketing Emails: You may unsubscribe from our marketing emails by following the unsubscribe instructions in the email itself.
5.5 Third-Party Communications: Our communications with you may involve third-party service providers. You acknowledge that, in accordance with our Privacy Policy, communications with us, merchandise partners, or agents may be recorded, monitored, and stored for quality control, training purposes, or to protect the interests of you, us, or our merchandise partners.
6. User Submissions
6.1 Definition of User Submission: "User Submission" refers to anything you post, upload, share, submit, store, or provide through the Services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials. These submissions may be viewable by other users. Any User Submission posted to your Account must not contain nudity, violence, sexually explicit content, or offensive material, as determined by us at our sole discretion.
6.2 License for User Submissions: By submitting any User Submission, you grant us a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right (including any moral rights) and license to use, license, store, display, reproduce, modify (e.g., for compatibility with different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise use your User Submission to operate, market, and advertise the Services, in accordance with your preferences.
6.3 Non-Confidentiality of User Submissions: You acknowledge and agree that all User Submissions (including the username under which they were posted) are non-confidential and non-proprietary. We may freely display, disclose, reproduce, modify, license, transfer, distribute, and use the User Submissions in any manner without restriction or compensation to you.
6.4 Ownership and Control: You warrant that you own or control all rights to your User Submissions and that our use of any User Submission will not infringe upon or violate the rights of any third party or violate any of the terms in these Terms (including Section 3).
6.5 No Endorsement: We do not endorse User Submissions, and they do not reflect our views. We disclaim all liability for User Submissions and any damages resulting from them. We expect users to submit User Submissions with integrity, especially in the case of product ratings and reviews. You agree to submit truthful and good faith User Submissions based on your first-hand experiences. You also agree to clearly indicate if a User Submission was sponsored or paid for in any way. While we do not have an obligation to pre-screen User Submissions, we reserve the right to pre-screen, refuse, exclude, or remove any User Submission at our discretion, for any reason, and without notice. By accepting these Terms, you provide your irrevocable consent to such monitoring. You understand that you have no expectation of privacy concerning your User Submissions, and we may remove any User Submissions that violate the Terms or are otherwise objectionable.
7. Ownership
7.1 Intellectual Property Rights: You acknowledge and agree that all materials displayed, performed, or available on or through the Services, including but not limited to text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, "Content"), are protected by copyright and/or other intellectual property laws worldwide. You agree to comply with all copyright notices, trademark rules, information, and restrictions contained in the Content, and not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise use any Content not owned by you for any purpose without the prior consent of the owner of that Content.
7.2 Intellectual Property Infringement: We respect the intellectual property rights of others and reserve the right to delete or disable Content that is alleged to infringe upon another person’s intellectual property rights. We also reserve the right to terminate the accounts of users who are alleged infringers. Please refer to our Intellectual Property Policy for information on how to report potentially infringing content. See our Intellectual Property Policy to learn how to report potentially infringing content.
7.3 Ownership of the Services: You acknowledge and agree that we own or license the Services. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly permitted in this Section 7.
7.4 Limited License: Subject to your compliance with these Terms and the Policies, and your payment of any applicable fees (including purchase prices of products, shipping costs, customs, taxes, processing fees, and other agreed fees), we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Services solely for the purpose of using the platform. All rights not expressly granted to you in these Terms or any Policies are reserved by us or our licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by us terminate if you do not comply with these Terms or any Policies.
7.5 Prohibited Commercial Use: You may not make any commercial use of any information provided on the Services or use the Services for the benefit of another business unless explicitly permitted by us. Additionally, you may not solicit, advertise for, or contact users for employment, contracting, or any other purpose unrelated to the Services provided through the platform. If you violate this provision, we reserve the right to refuse service, terminate accounts, and/or cancel purchase transactions at our discretion, and may refund relevant payments.
8. Responsibilities; Third Party Risks
8.1 Content Responsibility: You acknowledge and agree that any Content publicly posted or privately transmitted through the Services is solely the responsibility of the person who posted or transmitted such Content. You access and use the Content, and interact with other users, at your own risk. We are not responsible for any errors, mistakes, omissions, inaccuracies in the Content. We do not control the Content and have no duty to take any action regarding how you interpret, use, or react to the Content. We do not review or monitor, and do not approve, endorse, or make any representations or warranties regarding, the Content. Furthermore, we cannot guarantee the identities of the users with whom you interact while using the Services and are not responsible for which users gain access to the Services.
8.2 Content Contributions: You are responsible for all Content you contribute to the Services in any manner, and you represent and warrant that you have all rights to contribute such Content to the Services in such manner.
8.3 Third-Party Websites and Services: The Services may contain links or connections to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, practices, or opinions expressed in any third-party websites or services. Additionally, we do not monitor, verify, censor, or edit the content of any third-party website or service. You acknowledge and agree that we are not responsible for any risks arising from your access or use of third-party websites or services. We encourage you to be aware when leaving the Services and to read the terms of use and privacy policy of each third-party website or service that you visit or use.
8.4 Interactions with Third Parties: Your interactions with other users, entities, or individuals as a result of using the Services, including communications, payments, performances, and deliveries, are solely between you and those third parties. However, we reserve the right, but are under no obligation, to intercede in such interactions. You should conduct any investigation and seek professional advice as you feel necessary or appropriate before proceeding with any interactions. You acknowledge and agree that we are not responsible for any loss or damage incurred as a result of such interactions. We will not be liable for any consequences arising from such interactions.
8.5 Prohibited Activities: It is a material breach of these Terms to arrange for the sale of listed items from, or the payment of fees to third parties outside the context of the Services for the purpose of circumventing the obligation to pay the fee for products purchased through the Services.
9. Release
9.1 Liability Disclaimer: We expressly disclaim any liability that may arise between users of the Services. If there is a dispute between you and another user or any third party on the Services, we are under no obligation to become involved. To the fullest extent permitted under applicable law, you release us, our parents, subsidiaries, affiliates, directors, officers, employees, agents, and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Waiver of Protections: In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
10. Purchases
10.1 Customer Responsibility: You, the customer, are responsible for reading the full product listing before purchasing any products. There may be a minimum purchase amount to place an order, which may vary depending on whether this is your first order or a subsequent order. Any applicable minimum purchase amount and conditions will be disclosed to you on the product detail page prior to the placement of your order.
By confirming your purchase, you agree to pay all applicable fees, including purchase prices of products, shipping costs, customs, taxes, processing fees (if applicable), and other agreed fees associated with your purchase. Further, to the extent applicable, you acknowledge your responsibility for sales tax, VAT, and customs duties. When you place an order, and the order is being shipped to you, the title to the product passes to you upon delivery of the product to the carrier. You agree that, where applicable, you will act as the importer of the products purchased and hereby authorize us to appoint a freight forwarding agent to act as your direct representative and pay any sales tax, VAT, and customs duties on your behalf. Please note that sales tax, VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may be subject to change depending on applicable laws. If additional amounts are assessed, you are responsible for them. We will not be liable if a product is delayed or denied customs clearance as a result of your failure to pay such amounts.
10.2 Product Information Accuracy: While we strive to provide accurate information on the Services, typographical errors, inaccuracies, or omissions may occur related to pricing, product descriptions, availability, and offers. Subject to applicable law, we reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders or parts of orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted or after you have received an order confirmation or shipping notice. If comparing prices is important to your purchase decision, you should perform your own comparison before making a purchase.
10.3 Product Descriptions and Restrictions: Please check all descriptions and restrictions regarding the product you are interested in thoroughly before placing your order. If you have any special circumstances (e.g., a medical or health condition or special need) that may affect or be affected by the product you wish to purchase, it is solely your responsibility to inform us before placing your order.
10.4 Color Display: We make reasonable efforts to ensure the color display of the products on the Services is as accurate as possible. However, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the product you selected to purchase.
10.5 Product Conformity: You acknowledge that the products conform to the transaction or intended purchase if they: (i) comply with the description provided on the Services and possess the qualities presented on the Services at the time of purchase; (ii) are fit for the purposes for which goods of such kind are normally used; and (iii) are of the quality and performance which are normal in goods of the same type and which can reasonably be expected.
10.6 Payment Information: In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. By providing information for a payment method, you authorize us or our agents or payment service processors to charge the payment method for: (1) amounts due for purchased products; and (2) any and all applicable customs, taxes, agreed fees, and shipping costs. Your payments are non-refundable except as expressly provided in applicable policies. We may decline, freeze, or hold your transaction for any reason, including suspected fraud, anti-money laundering, sanctions compliance, or if we believe your transaction poses a risk to us or any third party.
10.7 Payment Processors: Payment processors may charge you fees for purchases made through the Services. Such processing fees will be disclosed to you via the Services. Your use of the Services and the payment processing provided by the Payment Processor is subject to your agreement with the Payment Processor, as may be modified from time to time. As a condition of using the payment services, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor.
10.8 Payment Fulfillment: Your payment obligations are fully fulfilled once your payment of the agreed price is received.
10.9 Payment Processing: In partnership with payment processors, funds acquired from you for the relevant transactions will be handled through our local entity, WHALECO AUSTRALIA PTY LTD, located at UNIT 60 2 O'CONNELL ST, PARRAMATTA NSW 2150.
11. Refunds, Exchanges, and Related Matters
11.1 Customer Support: We assist you with customer service support involving payment, returns, refunds, and other areas in connection with your purchase of products.
11.2 Satisfaction Guarantee: We want you to be satisfied with your purchases through the Services. For all the products purchased on the Services, you may be entitled to a return and refund. For details of return and refund, please visit our Return and Refund Policy. Please follow the instructions in the policy if you want to request a refund. You acknowledge and agree that we may issue a refund to you in accordance with the Return and Refund Policy.
Unless otherwise described in the Return and Refund Policy, the refund will not cover customs, taxes, or any return shipping costs you may incur in the refund process.
12. Rewards
12.1 Types of Rewards: You may receive credits, coupons, cash, gifts, or other kinds of rewards by using the Services (collectively, “Rewards”). Some rewards may only be used for discounts on or payment for eligible purchases on or through the Services (but note that not all products may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law. You should read carefully the information and applicable rules regarding different kinds of rewards. In the event of any inconsistency between the conditions governing the Rewards and these Terms, the specific conditions of the Rewards shall prevail.
13. Ending Our Relationship
13.1 Termination of Use: You are free to stop using the Services at any time. We are also free to terminate or suspend your use of the Services or your Account, for any reason in our discretion, including your breach of these Terms. Even after your use of the Services is terminated or suspended, these Terms will remain enforceable against you and any unpaid amount you owe to us will remain due.
13.2 Account Termination: If your Account is terminated for any reason, all Content and non-cash Rewards associated with your Account will be destroyed and cancelled. You should try to use any remaining non-cash Rewards before the date on which such termination becomes effective. Any cash rewards you are entitled to receive will be paid out to your account within thirty (30) days after termination becomes effective.
13.3 Survival of Provisions: All provisions of the Terms which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability. All accrued rights or remedies of a party are not affected on termination of these Terms.
14. Warranty Disclaimer
14.1 Disclaimer of Warranties: To the fullest extent permitted by applicable law, we expressly disclaim all representations or warranties of any kind, express or implied, relating to the services, any content, or any product offered or purchased on or through the services, including without limitation any warranties of products' condition, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose or non-infringement, or any warranties of the content's accuracy, correctness, completeness, or legality. All such warranties, representations, conditions, and undertakings are hereby expressly excluded. No communication or information, whether oral or written, obtained from or through the services shall create any warranty not expressly stated herein. In addition, we make no representations or warranties regarding suggestions or recommendations of products offered or purchased on or through the services. This section 14 does not affect in any way our return and refund policy for products purchased on the services.
14.2 Use of Services at Your Own Risk: Your use of the services and your use of any product offered and purchased on or through the services are at your own risk. To the fullest extent permitted by applicable law, unless expressly provided otherwise, the services, products offered and purchased on or through the services, and the content are made available to you on an "as-is" and "as-available" basis, with all faults and without warranties of any kind.
14.3 Third-Party Liability: To the fullest extent permitted by applicable law, you acknowledge and agree that the SALS3 parties (as defined in section 16.1) are not liable, and you agree not to seek to hold the SALS3 parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you on or through the services; or (2) the quality or conduct of any third party you encounter in connection with your use of the services.
14.4 Responsibility for Use of Services: You acknowledge and agree that, to the fullest extent permitted by applicable law, you assume full responsibility for your use of the services, including your interactions with other users of the services, and that any information you send or receive during your use of the services may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, we are not responsible for any loss or damage to your property or data that results from any materials you access or download from the services.
14.5 Reliance on Data: If you rely on any data or information obtained on or through the services, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of such data or information.
15. Limitation of Liability
15.1 Limitation of Liability: To the fullest extent permitted by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall SALS3 parties be liable to you or to any other person for (a) any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including damages for loss of data, profits, revenue, goodwill, reputational harm, business interruption, accuracy of results, or computer failure or malfunction arising out of or in connection with the services or (b) your use of the services, including, without limitation, any inability to access or use the services or the purchase and use of products offered on or through the services, even if we or any other person has foreseen or been advised of the possibility of such damages. The foregoing limitation of liability shall not apply to liability of a SALS3 party for (i) death or personal injury caused by our gross negligence; or for (ii) any injury caused by our fraud or fraudulent misrepresentation.
15.2 Disclaimer of Certain Damages: This disclaimer applies, without limitation, to the maximum extent permitted under law, to any damages or personal injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, any theft, destruction, unauthorized access to, alteration of, loss or use of, any record or data, and any other tangible or intangible loss.
15.3 Conduct of Users: You specifically acknowledge and agree that we shall not be liable for any defamatory, offensive, or illegal conduct by any user of the services.
15.4 Cap on Liability: To the fullest extent permitted by applicable law, under no circumstances will the total aggregate amount for which the SALS3 parties are liable to you exceed the greater of: (a) the total amount paid to us by you during the one-month period prior to the act, omission, or occurrence giving rise to such liability; (b) $100.00; or (c) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of a SALS3 party for (i) death or personal injury caused by our gross negligence; or for (ii) any injury caused by our fraud or fraudulent misrepresentation. The preceding sentence shall not preclude the requirement for you to prove actual damages.
15.5 Jurisdictional Exclusions: Certain jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. If these laws, including the Competition and Consumer Act 2010 (CTH), apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
15.6 Limitation of Liability under Competition and Consumer Act: If the Competition and Consumer Act 2010 (CTH) or any other legislation provides that there is a guarantee in relation to any good or service supplied by us in connection with these terms and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then section 15 does not apply to that liability and instead our liability for such failure is limited to (at our election):
15.6.1 In the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
15.6.2 In the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
15.7 Essential Nature of Limitations: The limitations of damages set forth above are essential to the agreement between you and us.
16. Indemnity
16.1 Indemnity: To the fullest extent permitted by applicable law, you agree to indemnify and hold us, our parents, subsidiaries, affiliates, directors, officers, agents, and employees (each, a "SALS3 Party" and collectively, the "SALS3 Parties") harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in connection with any third-party claims relating to: (a) your violation of these Terms; (b) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third-party agreement; or (c) your violation of any applicable laws, rules, or regulations. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms).
16.2 Defense and Control of Claims: We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with us in asserting any available defenses.
16.3 Survival: You agree that the provisions in this section will survive any termination of your Account, the Terms, and/or your access to the Services.
17. App Stores
17.1 Application License. Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the SALS3 mobile application ("Application") on a device or computer that you own or control solely for your personal or non-commercial use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App Store Sourced Application or any Application accessed through or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have additional rights with respect to access to and use of the Application applicable to volume purchasing or via Family Sharing on Apple-branded Products or a shared basis within your designated family group subject to the applicable Apple or Google terms and your associated settings.
17.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an "App Store"). You acknowledge that the Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.
17.3 Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
17.3.1 You acknowledge and agree that (i) the Terms are concluded between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
17.3.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
17.3.3 In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Apple and us, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
17.3.4 You and we acknowledge that, as between Apple and us, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
17.3.5 You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Apple and us, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
17.3.6 You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
17.3.7 Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
18. General
18.1 Assignment. You may not assign, delegate, or transfer these Terms, or your rights and obligations hereunder, to any other person in any way (by operation of law or otherwise) without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder to any other person without your consent, provided that we give you reasonable prior notice of any such transfer, assignment or delegation.
18.2 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
18.3 Choice of Law. These Terms and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of the State of New York and applicable federal laws of the United States of America, consistent with the Federal Arbitration Act, without regard to any principle of conflict-of-laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
18.4 Exclusive Venue. Any dispute of any sort between you and us that arises out of or in connection with the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Singapore.
18.5 Notice. You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are responsible for keeping your email address information with us up to date. You may give notice to us by emailing us at admin@sals3.com.
18.6 Export Control. You undertake to use the Services and products purchased on or through the Services in compliance with all applicable export and re-export restrictions of relevant jurisdictions. In particular, you acknowledge and agree that the Services, including any products purchased on or through the Services, may not be exported or re-exported (a) into any embargoed countries by your country of residence or other relevant countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a government embargo, or that has been designated as a "terrorist supporting" country and (ii) you are not listed on any government list of prohibited or restricted parties. You also will not use the Services nor the products purchased on the Services for any purpose prohibited by any applicable law.
18.7 Waiver. Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
18.8 Severability. Except as provided in Section 19.9, if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
18.9 Third-Party Beneficiaries. Except as provided in Section 17, there are no third-party beneficiaries intended under these Terms.
18.10 Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
18.11 Translation. The translated versions of these Terms of Use, Privacy Policy, Cookie and Similar Technologies Policy, Intellectual Property Policy or any other terms, policies, disclosures, or representations on SALS3 are provided for your convenience only. If there are any discrepancies between the English version and versions in other languages, the English version shall always prevail and govern your relationship with us.
19. ARBITRATION AGREEMENT
PLEASE READ THIS SECTION 19 ("ARBITRATION AGREEMENT") CAREFULLY. PLEASE BE AWARE THAT THIS SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 19 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. IN SOME COUNTRIES YOU MAY HAVE ADDITIONAL RIGHTS AND/OR ELEMENTS OF THIS ARBITRATION AGREEMENT MAY NOT APPLY TO YOU AS REQUIRED BY LAW.
19.1 Applicability of Arbitration Agreement
Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including claims and disputes that arose between us before the effective date of the Terms (each, a “Dispute”) will be resolved by binding arbitration, using the English language, rather than in court, except that:
- You and we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court;
- You or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and
- You or we may seek urgent interlocutory relief.
For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of the Terms.
19.2 Informal Dispute Resolution
There may be instances when a Dispute arises between you and us. If that occurs, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@temu.com. The Notice must include:
- Your name, telephone number, mailing address, email address associated with your Account (if you have one);
- The name, telephone number, mailing address and e-mail address of your counsel, if any; and
- A description of your Dispute.
The notice must specify a proposed date and time when you are available for an Informal Dispute Resolution Conference; however, you agree to cooperate with Temu in scheduling a mutually agreeable date and time if your proposed date and time is not convenient for Temu.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. Failure to appear for the Informal Dispute Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to participate in good faith.
19.3 Rules and Forum
The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the informal dispute resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and we agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by American Arbitration Association (the “AAA”), an established alternative dispute resolution provider, under its rules, including Consumer Arbitration Rules (the “AAA Rules”), then in effect, unless otherwise required by law. The AAA Rules are also available at https://adr.org/consumer. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.
If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either party may initiate an arbitration proceeding by sending a demand to the other party that describes the nature and basis for the claim and includes all of the information required in the arbitration notice (“Arbitration Notice”). The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. The Arbitration Notice must include:
- The name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account;
- A statement of the legal claims being asserted and the factual bases of those claims;
- A description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars;
- A statement certifying completion of the informal dispute resolution process as described above; and
- Evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Arbitration Notice shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Arbitration Notice. By signing the Arbitration Notice, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that:
- The Arbitration Notice is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution;
- The claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and
- The factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and we otherwise agree, or the Batch Arbitration process discussed in Section 19.7 is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
19.4 Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York, and will be selected by the parties from the AAA roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Notice, then AAA will appoint the arbitrator in accordance with the applicable AAA Rules, provided that if the Batch Arbitration process under Section 19.7 is triggered, AAA will appoint the arbitrator for each batch.
19.5 Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following:
- Except as expressly contemplated in Section 19.7, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator;
- An arbitrator shall not have authority to impose any remedy or relief that violates the Terms or violates applicable law.
19.6 No Class Actions
You and we agree that each party may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any purported class, representative, or collective action. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, the entire Arbitration Agreement shall be deemed void.
19.7 Batch Arbitration
In the event a large number of individual arbitration claims are filed against us within a short time period, we may propose to resolve the claims as a group (referred to as a “Batch Arbitration”). The arbitrator, if the parties are unable to resolve the issue, shall have the authority to establish a fair process for Batch Arbitration, with appropriate safeguards to ensure the rights of each individual claimant are respected, including but not limited to the use of any necessary limits on discovery.
19.8 Opt-Out Procedure
You may choose to opt out of this Arbitration Agreement by sending a written notice of your decision to opt out to legal@temu.com within thirty (30) days of your first acceptance of these Terms. You must include your full legal name, address, and a clear statement that you wish to opt out of the Arbitration Agreement. Opting out of this Arbitration Agreement will not affect your use of the Services. If you opt out of this Arbitration Agreement, it will not affect any prior agreements you may have entered into with us regarding arbitration.
19.9 Severability
If any provision of this Arbitration Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this Arbitration Agreement shall remain in full force and effect.
19.10 Changes to Arbitration Agreement
We may modify this Arbitration Agreement in the future. If we make any material changes, we will notify you by updating the "Last Updated" date at the top of this section. You may review this section periodically for updates. If you do not agree to the changes, you have the right to opt out within 30 days of the changes becoming effective. Continuing to use the Services after the changes become effective will constitute your acceptance of the revised Arbitration Agreement.
19.11 Continued Applicability
This Arbitration Agreement shall continue to apply even after you stop using our Services or your account is terminated or suspended for any reason.
Contact us
SALS3.COM
Level 1, 1212A, 31B Lasso Road,
Gregory Hills, NSW, 2557, Australia
If you have any feedback, request, or complaint in connection with your use of the Services, please contact us using the following channels:
- If you are using the SALS3 website, please contact our customer service via the “Contact us” page linked in the website footer.
- If you are using the SALS3 application, please contact our customer service via the “Customer support” section in the “You” menu at the bottom of the home page.
If you have any legal questions or concerns, please contact us at admin@sals3.com.